Geeta Alias Priti and 4 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40481 of 2023 Applicant :- Geeta Alias Priti And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the NBWs dated

29.11.2022 passed by Additional Civil Judge (Jr. Div.), Court No.22, Etah in Complaint Case No. 4092 of 2017 (Vimlesh Vs. Geeta @ Priti and Others), under Sections 323, 504, 506 IPC, Police Station Jasrathpur, District Etah.

¶3From perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, non-bailable warrants have been issued against them vide order dated 29.11.2022.

¶4Learned counsel for the applicants has submitted that the interest of justice shall be served, provided some protection is granted by this Court to enable the applicants to appear before the court below.

¶5Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within three weeks from today and move an application for recall/cancellation of non-bailable warrants, which shall be considered and disposed of expeditiously in accordance with law.

¶6For a period of three weeks from today, the execution of non-bailable warrants issued against the applicants shall remain stayed.

¶7In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.

¶8With the aforesaid direction, this application under Section 482 CrPC is finally disposed of. Order Date :- 6.12.2023/Nadim High Court of Judicature at Allahabad